Volume 7

The UK Supreme Court Yearbook chiefly considers cases decided by the UK Supreme Court in the year just past. On this occasion, we have decided to include a short article by a retired Law Lord (and Remainer) on the recent decision of the Divisional Court in R (Miller) v Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin) delivered on 3 November 2016. We do so because of the constitutional (as well as political) importance of the case, which has come to be known as ‘the Article 50 case’ or ‘the Brexit case’. The appeal from the judgment of the Divisional Court will ‘leapfrog’ the Court of Appeal and go directly before a panel of all 11 Justices of the UK Supreme Court on 5-8 December 2016. Herein, Lord Millett addresses what he believes to be the ‘real question’ in that appeal.